I received some misinformation from the legislative sponsor's office earlier this week. The New York State Senate's bill search website is today reporting that Governor Paterson actually signed the Direct DJ/Late Notice/Prejudice bill (S.8610/A.11541) on July 21, 2008, making its effective date January 17, 2009 (which is a Saturday), not the 19th.
STATUS:
S8610 DEFRANCISCO Same as A11541 Rules (Weinstein)
Civil Practice Law and Rules
TITLE....Provides for a declaratory judgment action against an insurer directly where a claim is brought for personal injury or wrongful death against another
06/18/08 REFERRED TO RULES
06/23/08 ORDERED TO THIRD READING CAL.2089
06/23/08 PASSED SENATE
06/23/08 DELIVERED TO ASSEMBLY
06/23/08 referred to codes
06/23/08 substituted for a11541
06/23/08 ordered to third reading rules cal.676
06/23/08 passed assembly
06/23/08 returned to senate
07/11/08 DELIVERED TO GOVERNOR
07/21/08 SIGNED CHAP.388
Policies issued, renewed or modified on and after that date must contain the new provisions, and the new rules regarding direct DJ actions, the prejudice requirement, and disclosing liability coverage policy limits will take effect on that date.
For a discussion of the various provisions of that bill, see my Direct DJ/Late Notice Bill label.
Since January 17th is a Saturday and most insurers don't issue, renew or modify policies on weekends, the following Monday the 19th will essentially remain the first business day on which the new law and its provisions for direct DJs, policy requirements, and the obligation to disclose primary policy liability coverage limits will take effect.
[See my post of January 16, 2009 for a summary of Chapter 388's changes to the New York Insurance Law.]
No comments:
Post a Comment